DIPLOMATIC IMMUNITIES AND PRIVILEGES ACT

ARRANGEMENT OF SECTIONS

PART I
Preliminary

   1   Short title

   2   Interpretation and application

 

PART II
Diplomatic Immunities and Privileges

   3   Immunities and privileges of heads of mission

   4   Immunities and privileges of members of staffs and of families of heads of mission

   5   Consular immunity may be conferred by regulations

 

PART III
International Organisations and Persons connected therewith

   6   Immunities, privileges, etc of certain international organisations

   7   Conferment of immunities, privileges, etc on certain persons

   8   Immunities and privileges of representatives attending international conferences

 

PART IV
General

   9   Exemption from taxation of persons entitled to immunities and privileges

   10   Minister to publish lists

   11   Waiver

   12   Special provisions relating to customs duty

   13   Reciprocal treatment

   14   Citizens of Jamaica

   15   Domestic servants

 

PART V
Miscellaneous Provisions, Repeal and Saving

   16   Provisions as to exemption from taxation

   17   Regulations

   18   Saving for pending proceedings

   19   Saving

      SCHEDULES

 

THE DIPLOMATIC IMMUNITIES AND PRIVILEGES ACT

[Date of Commencement: 6th August, 1962]

Acts
29 of 1964,
12 of 1985,
36 of 2004

PART I
Preliminary (sections 1-2)

1   Short title

   This Act may be cited as the Diplomatic Immunities and Privileges Act.

2   Interpretation and application

   (1) In this Act, unless the context otherwise requires-

   "consular employee" means any person, not being a consular officer, who is employed in duties at a consular office by a foreign sovereign Power and whom the Minister recognizes as such, but shall not include any person employed on domestic duties;

   "consular office" means any building or part of a building which is exclusively occupied for the purpose of the official business of a consular officer;

   "consular officer" means a consul-general, consul, vice- consul or consular agent representing a foreign sovereign Power and holding a valid exequatur or other authorisation to act in Jamaica in that capacity;

   "head of mission" means an Ambassador, High Commissioner or other person, by whatever title called, accredited by a sovereign Power and recognised as a head of mission in Jamaica by the Government of Jamaica;

   "member of the family" in relation to any person to whom this Act applies, means-

   (a)   the spouse or any dependent child of that person; and

   (b)   any other person deemed by the Minister to be a member of the family in question;

   "Minister" means the Minister responsible for external affairs;

   "personal immunities" means immunity from suit or legal process (except in respect of things done or omitted to be done in the course of the performance of official duties) and inviolability of residence, and any exemption in respect of taxes, duties, rates or fees;

   "Vienna Convention" means the international convention on diplomatic relations set forth in the First Schedule.

   (2) It is hereby declared that for the purposes of this Act the expression "sovereign Power" includes any member of the Commonwealth which is sovereign.

PART II
Diplomatic Immunities and Privileges (sections 3-5)

3   Immunities and privileges of heads of mission

   Subject to the provisions of this Act, a head of mission shall be entitled to such immunities and privileges, and inviolability of residence, official premises, and official archives as are by customary international law and usage accorded to a duly accredited representative of a sovereign Power or as may be necessary to comply with the terms of-

   (a)   the Vienna Convention; or

   (b)   any other international agreement, in the event that the country of the head of mission and Jamaica are parties to such Convention or agreement.

4   Immunities and privileges of members of staffs and of families of heads of mission

   (1) Subject to the provisions of this Act, a member of mission of any head of mission shall be entitled to such immunities and privileges as are by customary international law and usage accorded to the member of mission of a duly accredited representative of a sovereign Power or as may be necessary to comply with the terms of-

   (a)   the Vienna Convention; or

   (b)   any other international agreement, in the event that the country of the head of mission and Jamaica are parties to such Convention or agreement.

   (2) For the purposes of subsection (1) the expression "member of mission" in relation to any head of mission includes-

   (a)   a member of the official or domestic staff of the head of mission,

   (b)   a member of the family of the head of mission,

   (c)   a member of the family or of the domestic staff of a member of the official staff of the head of mission.

5   Consular immunity may be conferred by regulations

   (1) Subject to the provisions of this Act, every consular officer and consular employee of a foreign sovereign Power in Jamaica shall be entitled to immunity from suit and legal process in respect of things done or omitted to be done in the course of the performance of his official duties as such, and to such inviolability of official archives as may be necessary to comply with the terms of any treaty or other international agreement to which the foreign sovereign Power and Jamaica are parties, or as are recognised by the principles of customary international law and usage.

   (2) Regulations may be made under this Act conferring on-

   (a)   persons in the service of the government of any Commonwealth country other than Jamaica; or

   (b)   persons in the service of the government of any territory for whose international relations the government of any such country other than Jamaica is responsible,

(other than persons on whom immunity is conferred by the foregoing provisions of this Part), holding such offices or class of offices as may be specified in that behalf in the regulations, the like immunity from suit and legal process and the like inviolability of official archives as are accorded to consular officers of a foreign sovereign Power, and the regulations may provide for applying in relation to official premises of persons to whom immunity is conferred under this subsection the provisions of subsection (1) of section 5 of the Consular Conventions Act, as if those premises were consular offices of a country to which that section applies and those persons were consular officers.

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